87R814 ADM-F
By: Rose H.B. No. 193
A BILL TO BE ENTITLED
AN ACT
relating to the destruction of juvenile court records of victims of
sex trafficking.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C-1, Chapter 58, Family Code, is
amended by adding Section 58.2635 to read as follows:
Sec. 58.2635. DESTRUCTION OF JUVENILE COURT RECORDS: VICTIM
OF SEX TRAFFICKING. (a) A juvenile court shall order the
destruction of the court's records related to conduct for which a
person was referred to a juvenile probation department, regardless
of whether the person was adjudicated and without application to
the court, if:
(1) the conduct constitutes an offense under Section
43.02(a), Penal Code;
(2) the defense under Section 43.02(d), Penal Code,
applies to the conduct; and
(3) the person is at least 18 years of age.
(b) Electronic records are considered to be destroyed if the
electronic records, including the index to the records, are
deleted.
(c) Converting physical records to electronic records and
subsequently destroying the physical records while maintaining the
electronic records is not considered destruction of a record under
this subchapter.
(d) This section does not authorize the destruction of
records maintained for statistical and research purposes by the
Texas Juvenile Justice Department in a juvenile information and
case management system authorized under Section 58.403.
SECTION 2. This Act applies to juvenile court records
created before, on, or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2021.